A British Constitution
 
Introduction
 
Statement of Purpose
 
We, the peoples of the United Kingdom of Great Britain and Northern Ireland, in furtherance of and to sustain our collective enjoyment of liberty, justice, domestic tranquility, mutual defence and general welfare establish this Constitution.

Preamble
 
1. This document sets out the principles by which the peoples of the United Kingdom desire to be governed.

2. It establishes their rights as citizens, and  the means by which laws are to be made and amended.

3. Except where otherwise stated in this document (by specific reference to "citizen","citizens" or "citizenship") the rights of residents who are not citizens and of other categories of non-citizens, including refugees and asylum seekers  are the same as those of citizens; and they are subject to the same laws.

4. The definition of "citizen" is any person entitled by birth or naturalization to carry a British passport whether or not he or she holds one, or who lawfully possesses or has a right to possess evidence of their citizenship status.

5. The Constitution of the United Kingdom recognises the principle of subsidiarity. Therefore, where a conflict arises between this constitution and legislation enacted by a supra-national body to which the United Kingdom is a party,  such as the European Union,  this Constitution prevails. Similarly, in case of conflict between this Constitution and laws enacted by and within the competence and jurisdiction of a legally-constituted regional or national parliament of the United Kingdom, the latter prevails.

Article 1 - Fundamental Rights
 
Section 1 Assertion of Human Dignity
 
1.1 The dignity of all humanity and of every individual of which humanity is composed is an inviolable principle which it is the duty of all authorities to respect.

1.2 Everyone has the right to the free development and expression of their personality within the boundaries of the law and respect for the rights of others.

Section 2 Equality before the law
 
2.1 All persons are equal before the law.

2.2 Men and women have equal rights.

2.3 No one may be prejudiced or favoured because of their race, parentage, language, origin, religious affiliation, or political opinions.

All defendants in criminal proceedings are entitled to legal representation.

Section 3 Freedom of Belief
 
3.1 Freedom of faith, conscience, creed and ideology are guaranteed.

3.2 Everyone has the right to practice their religion freely and undisturbed.

Section 4 Freedom of Expression
 
4.1 Everyone has the right freely to express and disseminate their ideas and opinions in speech, writing, and by any available print, radio or electronic means. Censorship is forbidden.

4.2  In respect of dissemination, the rights specified in 4.1 may be restricted by laws to protect children always provided that any such protective laws do not infringe on the rights of expression enshrined in 4.1.

Section 5 Freedom of Assembly 
 
5.1 All citizens and residents have the right to assemble peacefully and unarmed without prior notification or permission.

5.2 Where an assembly of more than 20 persons takes place in an open-air public space, the right of assembly may be subject to prior notification to a magistrate of a minimum of 14 days and may, in exceptional circumstances (such as when the country is under military attack, or at a time of violent civil disturbance) be restricted by a competent judicial authority pursuant to an applicable law or statute. 

Section 6 Freedom of Association
 
6.1 All citizens have the right to form and join associations and societies, including political parties and trades unions.

6.2 Only associations or societies whose objects or activities are overtly or covertly in conflict with rights guaranteed in this Constitution may be prohibited.

Section 7 Privacy, Data Protection
 
7.1 Privacy of personal communications whether by mail, telecommunications,  internet or any other means is a fundamental principle.

7.2 Under no circumstances may this privacy be undermined or breached by any policy, initiative or law applicable to the general population.

7.3 A restriction on privacy may be ordered in individual cases and under the supervision of a competent judicial authority, where such restriction serves to safeguard the rights and freedoms enshrined in this Constitution, or when an individual or group is suspected of criminal activity or intent. 

7.4 Everyone has an inalienable right to inspect, verify and, where necessary cause to be corrected any personal data held about them by the government or by any other public or private body.

7.5 Except and unless a person has a criminal record or is under suspicion of or being investigated for criminal activity as defined by law, everyone has a right to decide what personal data the government or any other public or private body may hold about them and cannot be compelled to furnish data even though it may be in their interest to do so.

Section 8 Freedom of Movement 
 
8.1 Everyone has a right to freedom of movement throughout the United Kingdom.

8.2 This right does not apply to anyone convicted of a criminal offence who is serving a custodial penalty or a penalty restricting their right of movement.

8.3 Pursuant to relevant statutes, further restrictions may apply in order to protect private property, safeguard the integrity of military and research establishments, combat epidemics, deal with natural disasters, or prevent crime.

Section 9 Inviolability of the Home
 
9.1 The home of a citizen or resident is inviolable except as specified in this Section.

9.2 The authorities of the state or law and order may search or enter a home solely under a warrant issued by a judge and in the form prescribed by law. Such a warrant may be issued to avert a serious danger to individuals, to the United Kingdom, or to public order, or for the purpose of detaining criminals or people suspected of criminality.

9.3 A home may not be violated nor people ejected therefrom by bailiffs or in pursuance of a debt except by a court order.

9.4 The use of force by bailiffs against persons is illegal. 

9.5 The definition of a home is an abode where people live. It does not include a dwelling occupied illegally, or without the express agreement of the rightful owner. Nor does it include a dwelling that has remained unoccupied for a period exceeding 24 months or one that has fallen into a dangerous state of disrepair.

Section 10 Property Rights
 
10.1 Property rights are guaranteed. 

10.2 Inheritance rights are guaranteed subject only to any taxes that the legislature may apply by general law.
 
10.3 Except as specified in 10.4, no property may be expropriated other than in the public interest and pursuant to law. Compensation shall be determined by just consideration of the public interest and the interests of the persons affected. In case of dispute, the amount of compensation will be determined by a judicial panel. The costs of adjudication must be borne by the initiating party - normally the state or local authority. In the case of a subsequent appeal against the adjudication, the appellant court authority will decide how the costs are to be apportioned between the parties.

10.4 Property may be expropriated without compensation if, through neglect or misuse, it has become dangerous or potentially dangerous to the public.

Section 11 Citizenship, Extradition, Asylum 
 
11.1 No citizen may be deprived of their citizenship unless, having citizenship of another country, they commit a treasonable offence against the United Kingdom. A person may not be made stateless.

11.2 No one may be extradited to a foreign country unless evidence that he or she has committed a crime has first been presented to a panel of no fewer than three judges who will determine whether the evidence is sufficiently strong to justify a trial under the laws of the United Kingdom. Extradition may not take place to any country which does not have a reciprocal extradition treaty with the United Kingdom under terms legally and functionally identical for each party. 

11.3 No one may be extradited to a foreign country whose laws,  trial procedures, punishment of the guilty or treatment of the accused would be illegal in the United Kingdom or breach the European Convention on Human rights regardless of whether a prior extradition treaty exists with such a country.

11.4 Persons fleeing political persecution have the right of asylum in the United Kingdom. 

Section 12 Habeas Corpus
 
12.1 A person detained by the authorities for any reason must be brought before a court of law as soon as possible and in any event within 24 hours  so that the legality of the detention may be examined.

12.2 No person may be detained without charge for a period longer than seven days.

12.3 A person detained by the authorities has a right to be represented by a solicitor and to refuse to answer questions in the absence of a solicitor.

12.4 A person detained by the authorities has a right to know the reason for the detention, and to communicate that reason to a solicitor.

12.5 A person detained by the authorities may not be tortured or receive cruel and unjust treatment. 

Section 13 Corporations 
 
12.1 Corporations are not citizens and do not automatically enjoy the rights of citizens.

12.2 They are nevertheless protected by the relevant  provisions of Sections 2,4,5,6,7,8 and 10 of this Article 1.

Section 14 Other Rights
 
14.1 This Constitution recognizes, endorses and incorporates the Charter of Fundamental Rights of the European Union   except to the extent that Article 52(3) of said Charter may conflict with rights guaranteed in this Constitution.

14.2 Legislation, agreements or measures that restrict the rights specified in this Article are null and void; and attempts to impose them are illegal.

14.3 The enumeration in this Constitution of certain rights shall not be construed as denying the existence of other rights retained by the people. 

Article 2 - Sovereignty
 
Section 1 Fundamental Character
 
1.1 The United Kingdom of Great Britain and Northern Ireland, notwithstanding its historical name, is a Republic based on the principle of government of the people by the people for the people. It is a Union of four nations:  England, Northern Ireland, Scotland and Wales.

1.2 Sovereignty belongs to the people who exercise it through elected representatives and through referenda.

1.3 No person or body may interfere with the exercise of that Sovereignty or claim it for themselves.

1.4 The authority of the Union and its area of competence include foreign policy, defence, the currency, common economic policies, transportation and telecommunications infrastructure, and any other areas not within the remit of national or regional legislatures.

1.5 The role of the Monarchy in the Legislative arrangements and government of the United Kingdom is abolished.
1.5.1 The monarchy may, with the consent of the people expressed from time to time in referenda, continue to exist as an ornament of the Union; but will have no authority or participation in the conferment of distinctions, or honours and will claim none for itself.

1.6 The component nations of the Union are members thereof by the free will of their peoples. Any member nation may leave the Union provided that a minimum of 51% of the registered electorate of that nation have voted to do so in a referendum. (Note: 51% of the electorate NOT of the number of votes cast)
1.6.1 If the vote in favour of leaving the Union is at least 51% but  less that two-thirds of the registered electorate, in order for separation procedures to commence, a further ratifying referendum must be held no earlier than twelve months and no later than two years after the first referendum, at which the vote in favour must also be a minimum of 51% .
1.6.2 No nation may separate from the Union unless and until the terms of the separation have been agreed with the remaining members of the Union always provided that the demands of said remaining members are not frivolous, unreasonable or vexacious. In case of failure to agree on the details of separation, the parties will appoint an adjudicator acceptable to both sides.

Section 2 The Electorate
 
2.1 Suffrage is universal, equal and secret.

2.2 The electorate consists of all citizens who have reached the age of sixteen years. 

2.3 The citizen’s right to vote in national and local elections is absolute and may not be restricted by any arbitrary rules save only the requirement to register as a voter and to have reached the required age.

Section 3 The Powers
 
3.1 Powers to govern and administer the United Kingdom are devolved to a President, Legislature, Executive, and Judiciary.
 
3.2 The President
- Signs into law bills passed by the legislature
- Defends this Constitution on behalf of the people
- Performs ceremonial duties on behalf of the state.
3.2.1 The President is independent of both the Executive and the Legislature but has no powers other than those stated herein.
3.2.2 The President will be President of the Senate but will have no vote unless the Senate be equally divided.

3.3 The Legislature represents the people in government. It operates through a Parliament consisting of a House of Commons and a Senate in which all legislative powers are vested. Parliament
- Enacts and amends the laws of the United Kingdom
- Authorizes military action and the defence of the country
- Oversees the activities of the Executive
- Ratifies treaties
- Ratifies and confirms appointments to senior positions in the diplomatic, military, intelligence and civil services.
- Ensures and guarantees that Government does not infringe on the Rights enshrined in this Constitution.
3.3.1 The Legislature may not enact Laws which are in conflict with this Constitution
3.3.2 The Legislature being divided into the House of Commons and the Senate: 
3.3.2.1 The House of Commons is the forum in which the business of government is debated and resolved. It is legally and functionally independent of the Executive in that it may vote down proposals and initiatives of the Executive,  but it is not practically independent thereof (see Sections 3.3.2.2 and 3.4, and Article 3[1.2.3 and 2.6]).
3.3.2.2 The Senate is primarily a revising chamber for bills initiated in the House of Commons. However, no law may be enacted without Senate approval expressed by majority vote. In addition the Senate has the following exclusive powers and responsibilities: 
3.3.2.2.1 Consent to international treaties as a precondition of their ratification.
3.3.2.2.2 Consent to  or confirmation of nominations to the Judicial Appointments Commission, appointments of supreme court judges, senior military officers, ambassadors, consuls, European commissioners, heads of the civil service, the police, and the intelligence services. 
3.3.2.2.3 Oversight of intelligence services.
3.3.2.2.4 The hearing and trial of impeachments.
3.3.3 The power to declare war is vested in the Legislature and requires a majority vote in both Houses.
3.3.4 Changes to the Constitution may be proposed by both Houses and require a two-thirds majority in each.

3.4 The Executive shall consist of a Prime Minister, a Cabinet of Senior Ministers, and other Ministers of State. 
The Executive
- Conducts the government of the United Kingdom through departments of state established for that purpose
- Establishes policies and programmes for carrying them out
- Prepares a national budget annually for presentation to the Legislature
- Implements annual national budgets that have been approved by  the Legislature
- Implements legislation passed by the Legislature
- Conducts the foreign relations of the United Kingdom and the negotiation of treaties
- Conducts military operations and ensures  the maintenance of the armed services and the police
- Appoints, subject to ratification and confirmation by the Senate, members of the Judicial Appointments Commission,  senior military officers, ambassadors, European commissioners, heads of the civil service, and of the Secret Intelligence Services.

3.5 The Judiciary interprets and safeguards the law.
3.5.1 Judges are appointed by the Judicial Appointments Commission (JAC). 
3.5.2 The JAC is composed of a panel of senior judges nominated for that purpose by the Executive.
3.5.3 Nominations to the JAC are subject to ratification by the Senate.
3.5.4 Decisions of the JAC with respect to the appointment of supreme court judges are overseen by the Senate and the Senate may overturn JAC appointments.
3.5.5 The Judicial Power extends to all cases arising under this Constitution, the Laws of the United Kingdom, treaties made with other nations or jurisdictions, controversies or disputes arising between public authorities, and between public authorities and citizens.
3.5.5 Within the parameters established by law in parliament, judges have the sole discretion to set terms of punishment and or relief from punishment arising from verdicts in criminal trials.
3.5.6 Members of the judiciary preside over all trials except cases of impeachment.
3.5.7 It is illegal for any politician, whether or not acting on behalf of the government, to attempt to influence the course or outcome of a judicial procedure.
3.5.8 Notwithstanding 3.5.7, the government may make representations to the presiding judge at a trial to allow court sessions to be held in camera in cases where sensitive issues  may otherwise come to public notice  whose revelation could damage the national interest. 

Article 3 - Composition and Election of Government
 
Section 1 - The Legislature
 
1.1 The House of Commons is composed of members elected every five years by citizens who are registered to vote in an electoral constituency.
1.1.1 Electoral constituency boundaries will be drawn for a following election no later than two years after a previous election by an independent boundary commission presided over by a supreme court judge.
1.1.2 An electoral constituency will have a population of between 95,000 and 105,000. Thus the total number of seats in the House of Commons will be the total number of citizens divided by the total number of constituencies.
1.1.3 Each constituency will elect one representative to the House of Commons.
1.1.4 The date of General Elections to the House of Commons will be in the fifth year after the previous election, on the Tuesday after the first Monday of October. 
1.1.5 Any citizen who is registered as a voter many stand for election to the House of Commons.

1.2 The Senate is composed of one member of each county of England, Northern Ireland, Scotland and Wales plus, for cities with a minimum population of 500,000,  one member for every  multiple of five hundred thousand people. (Note: this will currently result in a Senate of around 108 - 112 members.)
1.2.1 The date of elections to the Senate will be in the seventh year after the previous election, on the Tuesday after the first Monday of May.
1.2.2 Any person who is registered as a voter many stand for election to the Senate, provided that, when elected, they are at least thirty years old and a resident of the county or city which they are to represent.
1.2.3 The practice of whipping and other means of coercing legislators to vote or argue in a particular way are forbidden in the Senate.

1.3  Under no circumstances may General Elections to either House be postponed for more than two months from their scheduled date except during periods of national crisis such as  national defence in war or epidemic - and then only with the consent of both Houses. Postponements of up to two months require a simple majority vote of members of the applicable House.

1.4  In exceptional circumstances, the election date for a particular election may be brought forward by a two thirds majority vote of members of the applicable House. 

1.5 Notwithstanding the dates stipulated for General Elections, a by-election may be held at any time, subject to a minimum of one month’s notice to the electorate, for the purpose of electing a member to a seat that has become vacant between General Elections. A member so elected will be elected solely until the following General Election.

1.6 Neither House, during the Session of Parliament, shall adjourn for more than three days without the consent of the other, nor meet in any other place than the one in which both Houses are sitting.

Section 2 - The Executive
 
2.1 The Executive derives its authority from the House of Commons of which it is a part.

2.2 The head of the Executive is the Prime Minister.

2.3 The Prime Minister is chosen from among members of the House of Commons by majority vote.

2.4 All other members of the Executive - including the Cabinet - are appointed by the Prime Minister.

 2.5 No person may be a member of the  Executive unless they have been elected to the House of Commons. 

2.6 No member of the Senate may be a member of the 
executive.

Section 3 - The President
 
3.1 The President is elected in a single secret ballot by majority vote of both Houses of the Legislature. The ballot must take place on a single day.

3.2 Any citizen may stand for election as President, except members of the Legislature. However, each and every candidacy must be proposed and seconded by members of the Legislature.

3.3 The President is elected for a period of six years and may be re-elected for no more than an additional period of six years.

Article 4 - Fundamental Laws
 
Section 1 - Trial Procedures
 
1.1 The trial of all crimes, except impeachment, shall be by jury.

1.2 No person shall be compelled to be a witness against his or herself.

1.3 No person shall be subject to trial for an offence on which they have already been tried and acquitted, unless a panel of at least three supreme court judges agree unanimously that sufficient fresh evidence exists to justify a second trial.

1.4 No person found guilty of a capital offence or other serious crime may be refused a second trial if, in the opinion of at least three supreme court judges,  the guilty verdict can be shown to be unsafe either by virtue of the conduct of that trial, of the investigation leading up to it, or the emergence of fresh evidence.

1.5 No person found guilty of an offence and who has served the full period of a custodial sentence may be kept in custody on the grounds that they have not confessed to the offence or expressed repentence.

1.6 In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial. Speedy means a maximum delay of 6 months between a the laying of a charge and the commencement of corresponding trial.

1.7 No trial may take place in secret - although where, during the course of a trial, state secrets may be revealed that, in the opinion of  the presiding judge, might jeopardize the interests of the United Kingdom, some trial sessions may take place in camera. 

1.8 No one may be sentenced to death.

Section 2 - Legislators and the Law
 
2.1 All members of the legislature and all executive and judicial officers shall be bound by oath to support this Constitution: but no religious test shall ever be required as a qualification for public office or public trust. The oath of support for this Constitution may, but need not, involve recognition of or identification with any instrument of religious affiliation.

2.2 This Constitution  and the Laws of the United Kingdom made in pursuance thereof, together with all Treaties, are the Law of the Land and all Legislators and Judges are bound by them and charged to uphold them.

2.3 This Constitution may be amended from time to time for the sole purposes of its improvement and the improvement of the liberties and welfare of the people. 
2.3.1 Any amendment to this Constitution requires a two-thirds majority vote in both Houses of the Legislature.
2.3.2 No amendments may be made that conflict with or reduce the Fundamental Rights enshrined in Article 1.

2.4 No member of the Legislature may be arrested, nor have his/her home or constituency office, or office in the Legislature entered or searched without a warrant issued by a judge.  

Section 3 - Honours and Titles
 
3.1 Honours and titles bestowed by the state, or previously bestowed by the Monarch, are titular only and carry no authority over the people or its government, nor any stipend or right to  special preferment.

Article 5 - The European Union
 
Section 1 - EU Membership
 
1.1 The  European Union is a community of sovereign states that have chosen to act as a collective in certain areas of activity and government.

1.2 The United Kingdom is a member of the European Union.

1.3. Most member states have transferred to the European Union substantial powers over economic policy and have subscribed to monetary union and to the adoption of a single border for the region.  The United Kingdom retains some powers transferred by other members, including an independent currency and control over international borders. 

1.4 Any future transfers of political, economic and monetary authority to the European Union or to any other supra-national body may only be made with the consent of the electorate expressed via a referendum.

Section 2 - European Citizens in the UK
 
2.1 European citizens enjoy the right to vote in local and municipal elections in the United Kingdom - always provided that UK citizens enjoy the same right in other member states.

2.2 European citizens may not stand for election to the Legislature, the Presidency, or the position of mayor of any municipality.